The motion to reopen contained no new facts; counsel simply resubmitted evidence already in the record. No provision exists for USCIS to grant an extension to await future submissions.
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The motion to reopen contained no new facts; counsel simply resubmitted evidence already in the record. No provision exists for USCIS to grant an extension to await future submissions.
The petitioner submitted only an employment verification letter with an estimated annual gross salary, which is not primary evidence (paystubs or tax documents) and does not constitute a proper affidavit. The petitioner failed to establish his actual salary, let alone that it was high relative to others in the field.
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The petitioner submitted only an employment verification letter with an estimated annual gross salary, which is not primary evidence (paystubs or tax documents) and does not constitute a proper affidavit. The petitioner failed to establish his actual salary, let alone that it was high relative to others in the field.
The petitioner's reference letters praised him for personal and professional traits and described project-level roles but did not establish a leading or critical role for the organizations as a whole. The organizational chart showed the petitioner in a far subordinate position, and evidence failed to distinguish his role from other employees at the organizations.
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The petitioner's reference letters praised him for personal and professional traits and described project-level roles but did not establish a leading or critical role for the organizations as a whole. The organizational chart showed the petitioner in a far subordinate position, and evidence failed to distinguish his role from other employees at the organizations.
The petitioner's work had not yet demonstrated major significance in the field at the time of filing. Evidence of implementation by a single organization, limited citations (30 total, 2 for the sourcebook), pending projects, and recommendation letters with general statements without specific examples did not rise to the level of original contributions of major significance.
为什么值得参考
区分“工作具有原创性”与“原创贡献对整个领域具有重大意义”的证明。
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The petitioner's work had not yet demonstrated major significance in the field at the time of filing. Evidence of implementation by a single organization, limited citations (30 total, 2 for the sourcebook), pending projects, and recommendation letters with general statements without specific examples did not rise to the level of original contributions of major significance.
The AAO withdrew the director's finding because the petitioner submitted books rather than articles. The plain language of the regulation requires authorship of scholarly articles in professional or major trade publications, not books; moreover, publications by the petitioner's employer organization do not constitute professional or major trade publications or other major media.
为什么值得参考
了解 AAO 如何判断作品是否属于学术论文，以及它在整体记录中说明什么。
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The AAO withdrew the director's finding because the petitioner submitted books rather than articles. The plain language of the regulation requires authorship of scholarly articles in professional or major trade publications, not books; moreover, publications by the petitioner's employer organization do not constitute professional or major trade publications or other major media.
Both the director and the AAO found that the petitioner submitted sufficient documentation to demonstrate that he minimally meets the plain language of the judging criterion.
为什么值得参考
了解评审邀请、已完成任务及评审性质如何被记录和衡量。
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Both the director and the AAO found that the petitioner submitted sufficient documentation to demonstrate that he minimally meets the plain language of the judging criterion.
The director found this criterion not met. On appeal, counsel did not contest the director's finding for the artistic display criterion, so the AAO considered it abandoned.
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The director found this criterion not met. On appeal, counsel did not contest the director's finding for the artistic display criterion, so the AAO considered it abandoned.
The director found this criterion not met. On appeal, counsel did not contest the director's finding for the published material criterion, so the AAO considered it abandoned.
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The director found this criterion not met. On appeal, counsel did not contest the director's finding for the published material criterion, so the AAO considered it abandoned.
On de novo review, considering materials submitted on appeal, AAO found it more likely than not that the beneficiary was employed during the alleged time periods.
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On de novo review, considering materials submitted on appeal, AAO found it more likely than not that the beneficiary was employed during the alleged time periods.
five years of qualifying post-baccalaureate experience
AAO 为什么未被说服
AAO observed that the time between the beneficiary's November 2002 bachelor's conferral and the June 2007 priority date is less than five years, and some of the experience was with the petitioner in a substantially comparable position, which is excluded under the labor certification.
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AAO observed that the time between the beneficiary's November 2002 bachelor's conferral and the June 2007 priority date is less than five years, and some of the experience was with the petitioner in a substantially comparable position, which is excluded under the labor certification.